(영문) 부산지방법원 2018.10.12 2018노1205 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.10.12 2018노1205

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. As to the embezzlement of the Defendant (misunderstanding of facts), the Defendant did not have embezzled the amount of KRW 2.7 million, which was collected from E, by arbitrarily using it.

2) As to the fraud, the Defendant was only granted KRW 8 million under the pretext of repayment of money lent to the victim, and there was no fact of deceiving the victim by deceiving the victim.

B. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the facts charged, although the defendant deceivings the victim and obtained 800,000 won as investment funds from the victim, and acquired it by deceit. The court below found the defendant not guilty of this part of the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (three months of imprisonment) is too uneased and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court and the first instance court acknowledged the following circumstances based on the evidence duly adopted and investigated by the first instance court as to embezzlement: (i) the victim consistently requested the Defendant to collect KRW 2.7 million from the investigation agency to the trial court of the first instance; (ii) the Defendant did not receive the amount of KRW 2.7 million from D business owners located in Busan Northern-gu; and (iii) the Defendant did not receive the said amount of KRW 2.7 million; and (iv) E, a wife of theO, paid all the outstanding amount of KRW 2.7 million at the investigation agency in 2014, “A statement to the effect that the Defendant stated to the effect (Evidence 148 pages); and (v) the Defendant received the punishment “Son July 6, 2015,” and used the money in excess of the fixed amount.

The difference between the head of Tong and cash has been 25 million from the end of 2012 to the end of the year 2012 after the receipt of the text message (Evidence No. 262, 263 page of the evidence record) of "P" and the 2700,000 won from the date of January 6, 2016.

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